Child Support Act 1991

Enforcement provisions

180A: Commissioner may write off benefit component of child support debt if receiving carer was UCB beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner's resources

You could also call this:

"Commissioner can cancel child support debt if collecting it would cause hardship or waste resources"

The Commissioner can decide to cancel some or all of the benefit part of child support that someone owes to the government. This can happen if the money was owed when the person taking care of the child was getting an unsupported child's benefit. The Commissioner can do this if they think making the person pay would cause them serious money problems or if it would be a waste of the Commissioner's time and resources to try to collect the money.

The benefit part of child support is the amount that would normally be taken off to pay back the unsupported child's benefit. Sometimes, it might be a smaller amount than this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803475.


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180: Payee may uplift financial support debt, or

"Getting unpaid child support yourself instead of through the government"


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180B: Commissioner may write off child support debt if liable person has died and his or her estate is insufficient, or

"If someone who owes child support dies, their debt might be cancelled if they don't have enough money left behind"

Part 11Enforcement provisions

180ACommissioner may write off benefit component of child support debt if receiving carer was UCB beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner's resources

  1. The Commissioner may write off some or all of the benefit component of an amount of child support that is payable by the liable person to the Crown under this Act, and that is unpaid and in arrear, if—

  2. the amount of child support was payable in respect of a period during which the receiving carer was a UCB beneficiary); and
    1. the Commissioner is satisfied that recovery of that part or, as the case requires, all, of the benefit component of the amount of child support would do either or both of the following:
      1. place the liable person in serious hardship (as defined in section 135G(3)):
        1. involve an inefficient use of the Commissioner's resources.
        2. The benefit component of an amount of child support, in subsection (1), means the proportion of that amount that is deductible under section 142 or 143 in respect of unsupported child’s benefit (or any lesser amount that would be deductible in lieu of that proportion under those sections).

        Notes
        • Section 180A: inserted, on , by section 60 of the Child Support Amendment Act 2013 (2013 No 12) (as amended by section 66(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1)).
        • Section 180A heading: amended, on , by section 18(1) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
        • Section 180A(1)(a): amended, on , by section 18(2) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
        • Section 180A(2): amended, on , by section 18(3) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).